Elyea v. R C A Victor Co.

HOLMES, District Judge.

The petition of appellants alleged the wrongful termination by the appellee of a continuing contract for the sale of radios, victrolas, and other products of the latter, within a limited territory, and *760sought to recover the sums disbursed in the performance thereof, less the value of the benefits received thereunder. The court below dismissed the petition on a general demurrer, and the case is here on exceptions to that ruling. The trial court held that the petition, as finally amended, set forth “no cause of action for restitution upon rescission, as distinguished from…